Tag Archives: Belgium

Defending Belgium’s cultural heritage

Logo State Archives BelgiumLast week many media published the news about a drastic cut in the budgets of major cultural institutions in Belgium. in particular federal institutions such as the Bibliothèque Royale Albert I in Brussels and the Archives de l’État en Belgique, also in Brussels, face next year a loss of 20 percent of their yearly budget. I use here the French name of both institutions, but in particular on the website of the Belgian National archives you can immediately gauge the multilingual character of Belgian society. Belgium can be roughly divided in three parts, Flanders, Wallonie and the central region in and around Brussels, Belgium’s capital. The German-speaking minority in the region along the German border has in principle the same rights as the Flemish and Wallon communities.

An online petition has been launched to give the protest against these plans a loud and clear voice, and I cordially invite you to share your concern about these proposals by signing this petition. You can read the content of this petition in four languages, Dutch, French, English and German. In this post I would like to offer a quick overview of some important digital projects in Belgium which help presenting Belgium’s cultural heritage. Some of these projects offer access to resources which are also important for the research of legal historians and for research projects concerning the rich history of law and justice in Belgium.

Digitization and the safeguarding of cultural heritage

Logo KBRWhen you look at the digital projects of the Royal Library and the Belgian National Archives it can seem at a first look Belgium’s national library has more to offer online than its counterpart in the world of archives. Just now there is very appropriately an exhibition about the First World War. However, in order to find the projects in the digital domain you will have to browse through various sections of the library’s website. A number of projects can be found under the heading Activités, but the digital library Belgica is tucked away among the catalogues. The variety of its contents, with apart from books and manuscripts also coins and medals, engravings, maps, newspapers and music scores, is such that it clearly merits a place of its own on the library’s website that shows a design which has changed little over the years. A number of manuscripts has been digitized for the project Europeana Regia. On my blog I have written twice about the presence of legal manuscripts in this project. Among the manuscripts is for example an illuminated French version of the Liber novum iudicum written in the second half of the fourteenth century (KBR, ms. 10319). You can search directly for digitized books in a special subcatalogue; a search for books concerning law (droit) brings you already some 160 books, and more can be found. The first look of rich digital repositories is somewhat dimmed by the fact that the actual number of digitized items is fairly restricted.

Logo FlandricaThe KBR does cooperate in many international projects: for example, the digital version of the Gazette de Leyden has been created in cooperation with the Belgian national library. On the national level the KBR supports the Flemish digital library Flandrica. This website with digitized books and manuscripts from six libraries working together in the Vlaamse Erfgoedbibliotheek [Flemish Heritage Library]  is strictly in Dutch. For items touching upon law and justice you have to choose the theme Recht en politiek [Law and politics] which brings you to thirty digitized printed books and manuscripts. The number of items with a legal context in Flandrica is quite small but they cover a wide range of subjects and periods, from a canon law manuscript to the procedure at law in the county of Looz, and from medieval times to the early twentieth century. As for editions of books printed in Flanders between 1500 and 1800 you can search for them online with the Short Title Catalogue Vlaanderen. Digitized literature in Flemish can be consulted online in the Digitale Bibliotheek voor de Nederlandse Letteren (DBNL), where you will find also literature in Frisian and Afrikaans.

Until recent the Belgian National Archives looked to outsiders as a very much centralized and not very active organization, but the first impression is not completely justified. In 2010 saw the launch of a virtual exhibition about the dark sides of Belgian colonial history in Congo, Archives I presume? Traces of a colonial past in the State Archives, This year they launched a virtual exhibition concerning the First World War in Wallonie, Archives 14-18 en Wallonie. The website in four languages is being overhauled, and some parts are not yet available in English, in fact the overview of online databases did not exist at all at the time of writing. The search in archival inventories is an example. Here you can search both in scanned inventories and in digitized finding aids. Among the digitized inventories is for example the finding aid created by Jan Buntinx to the archival records of the Raad van Vlaanderen, the high court of Flanders [Inventaris van het archief van de Raad van Vlaanderen (Rijksarchief te Gent) (9 vol., Brussels 1964-1979)]. Recently the National Archives digitized the cabinet minutes created between 1917 and 1979; you can access these documents both in Dutch and French. The Recueil des Circulaires, official letters sent by the Ministry of Justice, have been digitized, too, as are a yearbook, the Annuaire statistique de la Belgique (et du Congo Belge) (1870-1995), and two juridical journals, the Revue Belge de la police administrative et judiciaire and La Belgique judiciaire.

Logo CegesomaA third institution threatened by the budgetary cuts is the Cegesoma, Centre for Historical Research and Documentation on War and Contemporary Society. Precisely the attention of the research centre for periods in recent Belgian history with some very black pages with political reverberations until the very present has made it already earlier a target of Belgian politicians.

Characteristically Cegesoma is among the first institutions to react in public to the announcement of the new Belgian cabinet. The institute argues that the proposed cuts will harm most drastically the work accomplished during decades and future activities as well. Cegesoma holds archival and audiovisual collections and a research library. You can search online for digitized materials, such as photographs, sound recordings, tracts, posters, archival records, diaries and manuscripts. One of the archives coming from the Ministry of Justice now in the holdings of Cegesoma deals with the Rijkswacht, the Belgian national police, between 1931 and 1947. One of the largest and most visible online projects of Cegesoma is The Belgian War Press which offers online access to numerous newspapers published during the First and Second World War, both by the official censored press and the clandestine press. The website of the Cegesoma has a very well-stocked choice of links to other research institutions and a fine selection of websites concerning the First World War.

Logo Justice & PopulationsLegal history comes particularly into focus at Justice & Populations, a project with Cegesoma among the fourteen participating institutions. This project focuses on the long-term relations and impact of the Belgian judiciary in its widest sense and Belgian society in an international context from 1795 onwards until the present. it is unclear in which way this project will be affected by the new plans, but surely any change in the role of Cegesoma will have side-effects here, too. By the way, another Belgian project, Just-His, is very important for Justice & Populations.At Just-His you will find actually three databases, one on Belgian judicial magistrates between 1795 and 1950, a research repository and Belgian criminal statistics (only accessible after registration).

Among the institutions governed by the national government is also the Commission Royale pour la Publication des Anciennes Lois, founded in 1846. This committee is responsible for many important editions of sources concerning the legal history of Belgium from the Middle Ages onwards, ranging from ordinances, charters and customary law to legal treatises and collections of verdicts. On its website you can find an overview of the publications and projects. The issues of the Bulletin des anicennes lois et ordonnances de Belgique published between 1909 and 1999 are available online (PDF’s). Let’s hope the projects coordinated and often done by members of the committee themselves will not be harmed by any of the proposed measures.

A wider threat

Logo KVAB

Apart from archives and libraries museums, too, are included in the budgetary threats, but before looking at some museums I will look briefly at a higher level. The Koninklijke Vlaamse Academie van België voor Kunsten en Wetenschappen (KVAB) [Royal Flemsh Academy of Belgium for Arts and Sciences] published in 2013 reports on the reform of the Belgian judiciary [De gerechtelijke hervorming: een globale visie (“The judicial reform, a global vision”)] and the role and significance of archives in Belgian society [Archieven, de politiek en de burger (“Archives, politics and the citizen”)]. One of the standing commissions of the KVAB has legal history as its core business, with projects such as the bibliography of current research on Belgian legal history and the critical editions of the works of Philips Wielant. The KVAB provides on its website a searchable version of the Nationaal Biografisch Woordenboek [National Biographical Dictionary], a useful tool for legal historians, too.

Among the targets of the cuts proposed by the Belgian government are a number of famous museums, for example the Royal Museum for Fine Artsthe Royal Museums for Art and History, and the Royal Museum of the Armed Forces and Military History, all in Brussels. Another royal museum, the Royal Museum for Middle-Africa in Tervuren, closed in 2013 for renovation. Its buildings and outlook had not changed substantially since its start in 1910 after a temporary exposition about Belgian colonial activities in 1897 instigated by king Leopold II. The museum had become an icon of Belgian colonialism, and later an outright offensive institution. A part of the ethnographic collections of the KMMA can be consulted online, including the Stanley collection. Hopefully the drastic renovation can be completed, but anyway it seems wise not to reckon absolutely with the projected reopening in 2017.

What will happen exactly with all these institutions is not yet clear. It is necessary to look at both their physical and virtual existence. Federal support could be withdrawn or become less substantial in many ways. Flanders and Wallonie can boast cultural institutions with rich collections. The portal Numériques – BE: Images et histoires des patrimoines numérisés can bring you quickly to a selection of images from some thirty cultural institutions in Wallonie. Belgian Art Links and Tools is a portal guiding you to some 600,000 images concerning art in Belgium, and to several repertories. This portal has been created by the Royal Institute for Cultural Heritage, yet another threatened institution.

The Flemish heritage portal FARO - accessible in Dutch, French and English – is in my opinion a good starting point for finding out more about the different forms of cultural heritage in Flanders and news about them, be they digital, immaterial or very material. If you think digital collections will more easily survive, the actual absence of several links pages at FARO is a healthy reminder of the fragility of virtual existence and preservation. It is quite a feat to maintain a multilingual website, and thus it is a bit too easy to grumble about such problems! Luckily the page with links to several Flemish portal sites can be viewed, with due attention for initiatives in Wallonie, and there is also a general links selection in English. Among recent news items at FARO I saw an announcement about a masterclass on Food in Prison, held at Brussels on October, 16, 2014.

As for me I am genuinely surprised to learn much more about all these projects than i knew before. It serves me as a reminder that we Dutch are not always completely aware of what happens in Belgium, a sorry situation. Here I have tried to honour Belgium by creating in this post also a kind of nutshell guide to digital projects in the field of cultural heritage and legal history. Let’s support Belgian scholars and cultural institutions in their struggle to change the plans scheduled for the coming years, and help them finding the spiritual power and financial means to maintain existing activities and to work on new initiatives. These things will enrich Belgium and us more than any financial contribution can do, however welcome of course any support in hard money is.

Pronouncing the city’s law: aldermen as judges

In pre-modern European cities the aldermen were not just members of a city council charged with deciding on city policies. Creating and maintaining policy in the more pregnant sense of daily law and order was one of their prime tasks. In many cities a number of aldermen sat regularly as the city’s judges. In the past years a number of archives has created online databases to search for cases and verdicts in the records of aldermen. Outside the cities schepenen functioned within regional and manorial jurisdictions. We will meet some of them here, too. This post aims at showing you a wide variety of online search possibilities and presentations. The main focus of my post are aldermen in the Low Countries, called schepenen or in French-speaking regions échevins, I will look at seven projects. The Netherlands and Belgium will bring most of the examples adduced here, but I am sure elsewhere more can be found that would merit as much attention as the cities mentioned here.

Pronouncing the law

Curiosity to find out about recent projects for the digitization of the records of medieval and Early Modern aldermen was my first reason to starting looking for online databases and other projects. I was surprised I did not encounter quickly somewhere a list of relevant projects, or at least some links to similar projects at the websites with a particular database. Unfortunately this might suggest such projects are developed in at least relative isolation, or in the worst cases in splendid ignorance or with complete disregard of similar efforts.

The first project I would like to present concerns the records of a number of villages situated in the very heart of the Rhine and Meuse estuary. The schepenen conveyed at Tuil, the village most to the west of the contemporary province Gelderland, now a part of the municipality Neerijnen. Tuil gives the project its name, De Hoge Bank van Tuil, “The High Court of Tuil”. Nowadays we say in Dutch parlance these villages are positioned in the Rivierenland, the Rivers’ Country. Geographically it is more sensible to say they are situated in the Tielerwaard, “The March of Tiel”, between the cities of Tiel and Gorinchem.

The website for the Hoge Bank van Tuil is a project of three historians, Peter van Maanen, Gijsbert van Ton and Marco Schelling. It presents transcriptions of some 1,300 records from 1335 to 1525, from 1631 to 1637, and a number of scattered records yet to be integrated. The team has used records from several archives and printed editions. For some records the transcriptions are accompanied by images of the documents. This project aims at a reconstruction of the activities of this high court by combining data from a large variety of resources. As for now the records are not yet part of a searchable database, but they can be searched with the normal web browser search function. It is one thing to bring these materials together, but the material still needs editing before it can become the contents of a database. Exactly the preparation of this step is probably the main hindrance to tackle for further research in these regional records. Consultation with for example the Gelders Archief in Arnhem, the Regionaal Archief Rivierenland, Tiel, and the Regionaal Archief Gorinchem will surely be most helpful to start preparing a new phase for this project.

The very beginning

The Hoge Bank van Tuil came first in my post because it presents in a nutshell a number of very real questions and problems you face when you start with a project for the digitization of the records of aldermen. What period do you choose? Do you aim at a full reconstruction of archival records concerning a particular institution or jurisdiction, in this case a schepenbank? Do you restrict yourself to the records from one resource, be it records kept at an archive or records surviving sometimes only in print? Do you prepare from the start onwards for the creation of an online database, or would you like to stick with simple web pages? Sometimes you have to wait for the creation of proper archival guides and finding aids before even contemplating a project… Cities and their archival services often choose themselves for the digitization of judicial records. In the case of the Hoge Bank van Tuil three researchers decided to combine efforts for their project.

Logo Scabinatus

The project that prompted me to write about digitized verdicts of aldermen is concerned with verdicts of the échevins in Liège. The website Scabinatus 4000 was launched last autumn by the Université de Liège. The actual database contains acts from the vast series of scabinal registers kept at the Archives de l’État in Liège dating from 1409 until 1797. Some 1,750 (!) registers exist with each around 400 pages, good for some 750 acts. The registers 1 to 67 could be searched online already at a website of the Belgian National Archives, but this website with registers for the period 1409 to 1510 was last updated in 2007.

On the new Scabinatus website the registers 68 to 153 have been added, reaching now 1558. You can search for particular registers, a particular kind of acts (e.g. approbation, arbitrage, wills and witness statements), toponyms, a particular date or period, the kind of goods at stake, names, professions and social status. The website of the National Archives offered drop down lists for the kind of acts and the kind of goods. The scale of this project is clearly staggering. The functionality of the search screen is very detailed, and you are thus able to conduct all kind of searches. Comparisons in activities over long periods become here possible and fairly reliable. However, this database does not offer the complete text of acts, but only a summary with a lot of details. You will need to view the original registers for further research. This project has clear limits in time and resources which seems understandable in view of the sheer number of records to be processed.

New roads to the records of aldermen

Logo Itinera Nova

At Louvain (Leuven) the municipal record-office has combined forces with a German partner, the Universität Köln, for its joint project Itinera Nova. The city of Louvain can boast a series of 1128 scabinal registers from 1362 to 1795. The project started in 2009, and more than one million pages will be transcribed by volunteers. 255 registers are now available online, mainly for the periods 1362-1460 and 1550-1590. Knowing the difficulties sixteenth-century handwriting can pose it becomes very interesting which role the transcribing software MONK, a tool created at the university of Groningen, has played here. The MONK website presents extensive word samples from the Louvain registers. The Itinera Nova project in cooperation with the department at Cologne for Historisch-Kulturwissenschaftliche Informationsverarbeitung involves crowd-sourcing. An online tutorial helps volunteers to start transcribing pages with a basic knowledge of palaeography. On April 25 and 26, 2013, Louvain hosted an international congress with the title Itinera Nova: Tools, People & History, The blog De Digitale Archivaris [The Digital Archivist] published a series of posts in Dutch about this congress. The website of Itinera Nova can be viewed in Dutch, English and French. You can browse at will and conduct general searches, and there is an advanced search option with drop down menus. You can also restrict a search to a particular register or period. From the transcriptions you can go directly to images of the original register. Registered users can get access to the annotation screen.

One of the major assets is a search interface for annotations. Compared to the project for Liège the texts of the records seems to be the focus and very heart of the project at Louvain. The Scabinatus project allows much more the serial analysis of similar acts, but the website does not bring you to the actual records, images or transcriptions. The approach for Liège seems to have been determined by scholars, the approach at Louvain is much closer to the general public. The schepenen of Louvain served as a court of appeal for other cities following the rule of hoofdvaart. Later in this post we will meet Den Bosch, one of the cities which went to Louvain for this purpose.

Dutch projects

For those readers waiting for a regular element of my blog, commonly known as the Dutch view, I will discuss next some Dutch projects. In March 2013 the Regionaal Archief Tilburg launched the Charterbanka charter database, the result of the combined efforts of archivists and visitors of the regional archive working together in a crowdsourcing community with its own website. The Charterbank contains some 450 medieval charters mainly issued by local schepenen from Tilburg and surrounding places. The search interface has fields for place, date, record number, inventory number, and persons adding their seal. In the result view you can enjoy images of the document, read the transcription in a rather small column, consult information about the seal or seals when present, and check for relevant literature and comments. This project focuses on the late Middle Ages and Early Modern period with a regional approach. Charters until 1312 from Noord-Brabant can be found online in the Digitaal Oorkondeboek van Noord-Brabant.

At ‘s-Hertogenbosch (Bois-le-Duc), commonly called Den Bosch, the regional record office, with as its current name Brabants Historisch Infomatiecentrum, has created an online database with records created by both schepenen and notaries in small towns and villages in the present-day province Noord-Brabant. With some 180,000 records the harvest seems at first rich, but only in a few cases you can study a long period, mainly for Lith and Veghel. Resolutions of the Dutch Supreme Council for Brabant, the Raad van State in The Hague, from 1629 onwards, are also present in this database. In my view they constitute a very important source, but they are in a different class, even if they deal with the villages and towns of Brabant. The Dutch description of the database emphasises the possibility to search for persons in these records. Online projects with a genealogical approach flourish at this regional record office, and I could trace many of my own ancestors using the results of these efforts, but for dealing in real depth with other records this approach is narrow. Scans of many records are available, but you will encounter many items which surely touch upon history and legal history but do not strictly concern the activities of aldermen. The useful overview of processed records and items bears witness to the wide range of records deemed fit for inclusion. However, the word genealogie (genealogy) in its URL seemed at first telling. By choosing in the left-hand menu Gescande bronnen (“Scanned resources”) you can already search directly in a number of digitized registers of schepenen, by selecting the schepenprotocollen.

Very much city-centered are the efforts at the Stadsarchief Den Bosch for the analysis of and access to the series of aldermen’s charters and registers starting with the famous Bosch’ Schepenprotocol. In this massive series running from 1360 to 1811 the schepenen of Den Bosch dealt with matters concerning voluntary jurisdiction, passing acts on the purchase and sales of real estate, probate inventories, acts concerning guardianship, etc. I must strike a harsh note: to my surprise there is here no online database. The information for a database concerning the criminal jurisdiction has been assembled in the project Dataschurk (“Data Villain”). You can download all relevant inventories, an inventory of criminal dossiers and summaries of the dossiers themselves, and there are indexes on record number and name.

Decades of painstaking research have resulted in a rich harvest of materials. The Bosch’ Schepenprotocol itself can be consulted on microfiches. It will certainly take courage to create a workable database which brings all information together and makes them accessible in a most reliable way. Luckily archivist Geertrui van Synghel can guide your research with her guide Het Bosch’ Protocol: een praktische handleiding (‘s-Hertogenbosch 1993), and her study “Actum in camera scriptorum oppidi de Buscoducis”: de stedelijke secretarie van ‘s-Hertogenbosch tot ca. 1450 (Ph.D. thesis Leiden 2006; Hilversum 2007) with a cd-rom containing 5735 scabinal charters and acts written by the city’s secretaries until 1450. The Bosch’ Schepenprotocol transcends the city borders with the letters of surety enabling the confinement of psychiatric patients, even at institutions as far away as Liège. In his comment Christian van der Ven (Den Bosch, BHIC) announces that preparations for a digital version of the Bosch’ Schepenprotocol are in a final phase.

Making choices about periods and subjects

Logo Stadsarchief Amsterdam

Last week The Guardian included the city archives of Amsterdam in a survey of Europe’s best free museums. The building of the Stadsarchief Amsterdam is surely imposing, but the reason for being featured here are the archival records kept here and the way their contents are disclosed more and more online. When I look at sources with a relation to legal history you can choose from a substantial variety of resources. The example I present here is restricted to a particular class of verdicts, those concerning “averij grosse“, general average or in German “Grosse Haverei”, cases in maritime law in which either a ship, a cargo or both had suffered unavoidable damage in emergency situations, and costs thus made or yet to be made or recovered had to be divided in an equal way [Archief van Schout en Schepenen, nos. 2806-2924, Vonnissen terzake van averij grosse, 1700-1810]. A separate chamber of the schepenen for “Assurantiën, Averijen en Zeezaken” dealt with relevant affairs.

Two splendid overviews of the history of European private law, Helmut Coing’s Europäische Privatrecht, I: Älteres Gemeines Recht (1500 bis 1800) (Munich 1985) 554-555, and Reinhard Zimmermann’s The law of obligations. Roman foundations of the civilian tradition (Oxford 1996) 406-412, provide you with basic information about the legal principles at stake, the role of the Lex Rhodia de iactu (D. 14.2.2), and references to important commentaries, including those issued in the period of the Roman-Dutch law. Zimmermann gives the date of publication of the first edition of Quintyn Weytsen’s early treatise in Dutch on general average as 1651. According to the information in the Short-Title Catalogue Netherlands this can be corrected to a first appearance in print in 1617 as an appendix to Cornelis van Nieustad’s Curiae Hollandiae, Zelandiae & West-Frisiae decisiones (…) Item een tractaet van avarien gemaeckt door Quintijn Weytsen (…) (Leiden 1617), and a first separate edition in 1631 [Een tractaet van avarien, dat is Ghemeene contributie vande koopmanschappen ende goederen inden schepe bevonden (Haarlem, 1631)].

Quintyn Weytsen (1518-1565) became a councillor in the Court of Holland only in 1559, and in 1561 and 1562 he was also charged with hearing accounts in the province of Zeeland, information easily gathered from resources such as the Dutch Biografisch Portaal and the Repertorium van ambtsdragers en ambtenaren 1468-1861 (The Hague, Huygens Instituut). Some of the later editions of his work, specifically Adriaen Verwer’s Nederlants see-rechten, avaryen, en bodemeryen (editions e.g. 1711, 1716 and 1730) contain also two ordinances concerning general average from 1551 and 1563 which no doubt prompted him to write his treatise. The lapse of half a century before a printed edition was published is remarkable. The 1617 edition gives no introduction at all for Weytsen’s text, and therefore his short text (from p. 226 onwards) might have been circulating already in manuscript – or perhaps a much read pamphlet? – long before.

The pages on general average at the website of the municipal archive of Amsterdam were launched in Autumn 2013. They offer a succinct introduction to the doctrinal side of things, and introduce you to the procedure before the bailiff and schepenenOne of the important things stated is that both the Dutch East India Company and the West India Company did not use the services of this court, because the administrators took care of freighting and transport. Statements confirmed on oath before Amsterdam notaries about cases of avarij formed the starting point of the procedure; you can find them using an index of these scheepsverklaringen (PDF), some 5,400 cases. The hint to check the Amsterdamsche Courant for its notices about shipwrecks and averages in its scheepstijdingen is most useful. You can check this newspaper in digital format at the new Delpher portal of the Dutch Royal Library. Do reckon with variant spellings such as avarieavary, avarij and averij! The suggestions to look in other record series for further information are most helpful. In the database of the Amsterdam city archives you find a digital version of the index created in 1980. The search interface allows you to search for the names of shippers and ships, harbours of depart and arrival, and dates. Two examples of cases from 1726 and 1780 help you to prepare your specific search actions. A search action leads you to further information on a particular case, often supplemented with thumbnail images of the documents.

Can I mention anything negative about this project in Amsterdam? With just two titles about general average this information is rather to short, and the reference to the article by Ivo Schöffer lacks the page numbers (pp. 73-133). Elsewhere on the website a treasure page has been dedicated to the case of the vessel St. Antonio di Padova which was attacked by pirates off La Spezia in 1704. The ship commanded by Jan Lens suffered a lot of damage during a four-hours fight. Repairs were made in Genua. The page shows a part of the notarial statement on this case. Somehow the section on general average does not link directly to this showcase, the only relevant page translated completely into English. In view of the international standing and importance of this archive the maIn point to criticize is alas the absence of a page-to-page translation into English of its marvellous website. The Amsterdam city archives ask people to pay for full-scale images of scanned documents, but before deploring this you must realize they offer a very rapid scanning on demand service.

Different situations, different approaches

In many fields awards and prizes are given yearly for the best project. Is it possible and sensible to do this for this group of six random picked projects? In a bird’s-eye view we saw:

  • transcriptions from the Rivierenland in the Hoge Bank van Tuil
  • large-scale indices and an analytical approach in the Scabinatus 4000 project for Liège,
  • crowdsourcing, transcriptions and images, with even an annotation tool for Itinera Nova at Louvain
  • images and transcriptions of charters at Tilburg
  • indexes for both scabinal and notarial registers, and a growing number of scanned registers for the province of Noord-Brabant
  • inventories, indexes and finding aids concerning the wide judicial functions of the schepenen of Den Bosch – with a printed guide and a cd-rom of the earliest records but without a database -
  • finally the verdicts from Amsterdam concerning maritime law from a distinct period, with an online searchable index and scanned images which have to be paid for.

If you put these seven projects into a grid you can probably more easier see which qualities they share or lack. What makes these projects successful or not? I cannot predict what visitors of these websites will want to know nor what they would like to have at hand on the screen of their computer or tablet. Some researchers might want to start making grand analyses as quickly as possible and therefore applaud transcriptions and online indices, others prefer painstaking transcriptions of the originals or of images provided by an archive. The pioneers for the Rivierenland have not yet reached the phase of building a database. One archive, the city archive at Den Bosch, does not provide a database, and I suppose this is a policy decision, because so much energy has already been put into the resources in question during more than twenty years. For other cities printed critical editions of the verdicts of schepenen exist, and thus the need for an online database might be less urgent.

Even though this is a rather long post I still feel I have treated all projects presented here rather briefly. It is wise not to judge their qualities too quickly! A stronger objection is the choice of examples which is very much personal, but at least also for a part guided by the lack of an easy overview of relevant digitization projects for this particular kind of resource. I would not feel ashamed if this post serves as a stepping stone for more and better.

A postcript

In his comment Christian van der Ven of the BHIC at Den Bosch stresses the actual cooperation of Dutch archives for this kind of projects. I have taken over his factual corrections, and the important information about online access to a number of registers of schepenen already avaiable now at the BHIC, and the appearance of the Bosch’ Schepenprotocol in digital form in the near future.

What makes a book rare?

No doubt in 2011 rare books will show up in this blog. But what makes a book rare? I had no idea I would write about rare books in my first posting this year, and perhaps this fact helps to understand the word rare better. Instead of rare, meaning only seldom seen, known to be present at only a few locations, rare often has the added quality of being unlooked for. The departments of research libraries for Rare Books and Special Collections often combine this approach of bringing together manuscripts and books that have survived the centuries, editions of texts once common but now only found after extended research, and books and items brought into the possession of a scientific institution in a remarkable way. A scholar left his book collection, his research notes, lectures or papers to a university library, or a librarian succeeds at an auction in buying books on a particular theme. Sometimes a particular book was already a rarity at the time it left the press because of its contested contents or of its beautiful layout. It could have been printed on expensive paper or even parchment, and a priceless luxury binding increased its value, too.

You might have guessed that I somehow could not help spotting old books today, completely against the planning for new postings. I surfed to Belgica, the digital library of the Royal Library in Brussels. As an example of valuable editions now digitized the Royal Library presents in its showcase a volume with 43 juridical dissertations defended between 1652 and 1655 at the University of Franeker under the aegis of Johann Jacob Wissenbach (1607-1665). The accompanying note states these dissertations are not included in the Short Title Catalogue Netherlands (STCN). The STCN aims at presenting data on Dutch imprints between 1540 and 1800 present in a generous selection of major Dutch libraries.

Which facts would enforce the conviction that these old juridical dissertations once defended at a university in Frisia are indeed rare and worth digitizing? The volume came originally from the library of the dukes of Arenberg and was confiscated after the First World War. This story accounts at least for the unexpected way this volume came into the possession of the Belgian Royal Library, but surely more can be done to estimate its rarity. One of the major projects for digitizing old dissertations is housed at the Max-Planck-Institut für europäische Rechtsgeschichte at Frankfurt am Main. To its holdings belong more than 70,000 juridical dissertations defended at universities within the borders of the former Holy Roman Empire. At Frankfurt 31 dissertations from Franeker have been digitized, and the dissertations at Brussels are not among them. This fact can rightfully form an indication that the 43 mid seventeenth-century dissertations are rare indeed.

I will not make this post any longer than necessary, and therefore I will just indicate which further steps need to be taken to ascertain more about the rarity of this volume. One step is to look at the holdings of libraries worldwide for particular dissertations within this set. Modern meta-catalogues are truly catalogi omnium catalogorum, foremost among them the Karlsruher Virtueller Katalog. The KVK enables you to search in many catalogues – including collective catalogues – at the same time with just one search action; text search is one of the latest additions to the KVK. Neither the KVK nor a few other major collective catalogues mention these particular dissertations. The other way to tackle this question is the road of bibliographies. Ferenc Postma and Jacob van Sluis published for the Frysk Akademie a bibliography of publications from Franeker, Auditorium Academiae Franekerensis. Bibliographie der Reden, Disputationen und Gelegenheitsdruckwerke der Universität und des Athenäums in Franeker 1585 – 1843 (Leeuwarden 1995). Postma and Van Sluis did every effort to find disputations from Franeker wherever held. In my opinion one can state safely whether an old edition from Franeker is rare or not by referring to their bibliography. Tracking juridical dissertations and establishing their authorship is something for specialists indeed. On publications by lawyers from Franeker it is also useful to look at the Bibliografie van hoogleraren in de rechten aan de Franeker universiteit tot 1811 by Robert Feenstra, Theo Veen and Margreet Ahsmann (Amsterdam 2003).

Tresoar at Leeuwarden is the institution which combines the forces of the Frysk Riksarchyf and the Provincial Library of Frisia. For curiosity’s sake and because of the rich holdings housed at the former Treasury I checked for Johann Jakob Wissenbach in its catalogue. For Douvo Mellinga who held a disputation in 1654 contained in the set at Brussels a small volume survives with laudatory words by Wissenbach; to guess from the abbreviated title poems are concerned.

To round off for today, some books are certainly unlooked for! You will not expect Frisian books at Brussels. However, take for a random example a digitized book on Danish litterature at Tresoar in Leeuwarden, the edition Hafniae (Copenhagen) 1651 of [Runir] seu Danica literatura antiquissima by Ole Worm, is less surprising in view of the relatively small distance between Frisia and Denmark. I look forward to find more at the Belgica collection at Brussels, even if I have to inform you that the search function for this digital library does not work as expected. Using the normal catalogue and being alert for URL’s in the search results brings you to the digitized items, not just books, but also maps, music scores, drawings, engravings and medals.

A postscript

In this post I did not give a clear and succinct answer to the question whether the Brussels volume is rare indeed, but I can now safely vouch for its rarity. Checking for Douvo Mellinga in the Karlsruher Virtueller Katalog led me to the Gemeinsamer Verbund Katalog which shows at the Universitätsbibliothek Hamburg a volume with two sets of disputations from Franeker, 43 in the first and 59 in the second, all presided by Johann Jakob Wissenbach, printed by Arcerius (Franeker 1658). In this volume the first disputation by Bartholomaeus Franck seems to be identical with the first disputation in the Brussels convoluted set, and the eleventh disputation in both sets is by Douvo Mellinga. It seems the Hamburg online catalogue shows old or incomplete bibliographical data, or more probable, one assumed the publisher of the second set to be also the publisher of the earlier “first” set. Cataloguing old juridical dissertations is a task for experts, and I do not want to offend any librarian. Ferenc Postma send me a comment stating he and Jacob van Sluis have found some 500 “new” titles for a supplement to their bibliography.

A preview of two sites

When is a new site live: when its makers put a notice on the main page or when they send announcements by e-mail to all and sundry? Or does the life of a new site start when you somehow find it and start visiting it? As it happens I know of two new sites for legal history, Rechtsgeschiedenis.org, a Dutch site primarily for Dutch legal history, and Storia del diritto medievale e moderno, an Italian website with medieval and modern history as the main subjects. I must have detected the Italian website rather early, because it has now received a new and obviously official name, but also a notice “Under construction”.

Paolo Alvazzi del Frate (Università Roma Tre) has already two blogs on legal history, on French legal history, Storia giuridica francese – Histoire juridique française, and on Italian law in the modern period. Both have recently received a new outlook. One of their salient features are the very useful link collections. Somehow it is logical that Alvazzi del Frate should have taken the initiative for a new site on Italian legal history. Storia del diritto medievale e moderno shows on its start page an image of the inner court of some official institution: a law faculty, a court of justice? The site proposes to publish news and notices on new publications. There will be a section with essays, articles and texts. Space has been allotted to discussions and to an online forum. The link section is already present. Remarkable are the lists with researchers organized into three ranks, ordinary professors, associated professors and researchers. Tanti auguri per questo sito!

The new Dutch site has been developed on behalf of the Foundation for Old Dutch Law which until now had only some basic but useful pages at Maastricht University. Paul Brood and Marie-Charlotte Le Bailly take responsibility for the new website. Rechtsgeschiedenis.org will devotes space to news (Actualiteit). In fact because news items show up here regularly since more than one month, one can consider this at least for a part as a functioning new website. The section on research (Onderzoek) is most promising: here a bibliography is about to appear. Texts, databases, thematic dossiers and links will be added; the link section is as yet the same as on the old pages. Of course the Foundation for Old Dutch Law is present, too, with all the usual information. You can find here for example a set of links to editions of municipal law books edited by this foundation which have been digitized in the wake of the work for the Deutsches Rechtswörterbuch at Heidelberg. Worth mentioning are the journal Pro Memorie and the ongoing series started in 2000 of guides to legal procedure at several Dutch historical courts. Interesting is also the section Annuarium, a space for personal profiles of researchers.

“Why is the law as it is? How did it develop? Why don’t we know the trial by jury and lay judges as in other countries? Are there traces of old indigenous law in modern law?” Questions at the start page of Rechtsgeschiedenis.org. Posing these and other questions is one of the reasons for doing legal history. On the new site is also the intention expressed of becoming a new exchange platform for Dutch and Belgian researchers. One can only applaud the proposal and wish this new site a very rich future!

Let’s add two news items concerning Dutch and Belgian legal history:

Universal and utopian

This year I have spent quite some time searching the internet both for information for my postings and for the pages of my website www.rechtshistorie.nl. At some turns I felt the clear temptation to use the main gateways to online information. In particular when dealing with digital libraries the presence of WorldCat, the Open Library and the World Digital Library seemed an invitation to refer people for once and forever to these endeavours which aim so much wider and higher than my efforts. However, when I tried to use these websites most times I returned empty-handed. With only 1350 items the World Digital Library still has many empty shelves, even if one has to applaud the fact that all continents and major regions of the world are represented. Many months ago a notice by archivist Eric Hennekam on his Dutch archive forum made me smile about such heroic efforts. It makes one aware of the many obstacles faced by the pioneers behind these projects with a claim to completeness or worldwide coverage, and of the fact that the 21st century is not the first century to witness similar proposals. Through the centuries lawyers, too, have left their footprints on this trail.

The Mundaneum

Logo MundaneumHennekam pointed to the history of the Mundaneum at Mons, about which institution The New Yorker had published in June 2008 an article by Alex Wright, “The Web Time Forgot“. The Internet Archive has stored the documentary All Knowledge of the World (Alle kennis van de wereld) by the Dutch VPRO television from 1998 about the creator of the Mundaneum, Paul Otlet (1868-1944). Wright tells the story with more skill than I have at my disposal, so I will only give a summary. Otlet was a Belgian bibliographer who created the Universal Decimal Classification. He worked together with the Belgian politician and pacifist Henri la Fontaine (1854-1943) who won the Nobel Prize for Peace in 1913 for his Bureau International de la Paix. La Fontaine teached international law at the Université Libre at Bruxelles. In 1895 Otlet and La Fontaine founded the “Institut International de Bibliographie”. Otlet did not only devise a new classification system, but used it at his institute and envisaged powering it with a mechanical system to link information. Many million library records survive and eventually the project became too vast. In 1934 Otlet published his major bibliographical work, the Traité de documentation in which he presented his vision of reading library books at home using a kind of telescope. The card collection was housed at several addresses before the remains arrived at Mons after the Second World War. Today the Mundaneum offers shelter to archives on feminism, pacifism and anarchism.

Were Otlet and Fontaine the first people to create such projects? The nickname of an early multivolume collection of juridical treatises, the series called Primum [-Decimum] volumen tractatuum doctorum iuris published in Lyon in 1535 was “Oceanus iuris”, “The Ocean of Law”. At Jena the Thüringer Universitäts- und Landesbiblothek has created a digital edition of this edition in ten volumes from its “Historische Bestände“. The Bibliotheca Universalis (1545) of Konrad Gessner – online at the Universitat de Valencia – can claim to be the first early modern attempt at universal bibliography. More early editions books of works by this Swiss scholar have been digitized for E-Rara. The Lyon 1549 edition of the Tractatus Universi Iuris counts seventeen volumes, and the better known version printed between 1584 and 1586 at Venice has 27 volumes with four volumes for the indices. Gaetano Colli has used his book about this edition of the Tractatus Universi Iuris to create an online database to assist the search for treatises by particular authors or on special subjects in this collection.

Other early lawyers tried to create comprehensive surveys of all fields of law. Giovanni Nevizzano published a Index librorum omnium qui in vtroque iure hinc inde eduntur (Venice 1525; online in Vienna at the Österreichische Nationalbibliothek), a generation later superseded by Giovanni Baptista Ziletti and his Index librorum omnium nomina complectens, in utroque iure tam pontificio quam caesareo (Venice 1559), better known as the Index librorum omnium iuris tam pontificii quam caesarei (Venice 1566), an edition digitized at the Göttingen Digitalisierungszentrum. Among their successors are for instance Agostino Fontana with his Amphitheatrum legale (4 volumes, Parma 1688-1694; reprint Turin 1961; online at the University of Michigan, Hathi Trust Digital Library) and Martinus Lipenius with the Bibliotheca realis iuridica first published in 1679. The Leipzig 1757 edition – online at Polib, the digital library of the universities of Lille - has been reprinted in 1970. The 1775 and 1789 supplements are online at the Hathi Trust Digital Library, and now also the edition 1679. It should not surprise you that I have not yet found a digital version of all works mentioned here. Please do not hesitate to share your knowledge if you know more!

A most remarkable digitization project is to be found at the Biblioteca Marucelliana in Florence for the multi volume manuscript called Mare Magnum, a universal bibliography created at the beginning of the eighteenth century by Francesco Marucelli. This manuscript was never printed, but can now be consulted online. In the last century John Gilissen and a team of legal historians working with him edited a bibliographical project with a less ambitious title, Introduction bibliographique à l’histoire du droit et à l’ethnologie juridique (6 vol. in 8 parts, Bruxelles 1963-1988).

I would like to finish this posting by bringing you to a digital library at the Université de Poitiers called Les premiers socialismes, a new project with both modern studies on the first French socialists such as Fourier and Saint-Simon and works by them. Socialist utopism was an important current in the nineteenth century. The links selection on this site could bring you to the Familistère de Guise, a housing and factory project near St. Quentin, on its website characterized as a realized utopia.

Clearly some people will keep trying to realize utopian projects. Modern technology certainly offers some of the means to create also virtual utopias. The internet realizes to a large extent even more than visionaries like Jules Verne could dream of or describe. These days it is clear that bringing digital information on an unprecedented worldwide scale is not just the dream of scholars or journalists, but a major fact in private lives and public life. Politics and law are touched by it and try to influence it. A legal history of Internet is not a fancy book title anymore.

A postscript

On March 17, 2011, Mike Widener, curator of the Rare Book Room of the Lilian Goldman Law Library of Yale University, wrote a blog post showing the frontispiece of the Jena 1743 edition of Burkhard Gotthelf von Struve’s Bibliotheca iuris selecta, another legal bibliography. Of Struve’s work several reprints and enlarged editions exist. Many works by Struve have been digitized in Halle, Dresden and Munich. Using the OPAC Plus catalogue at Munich you can now find seven (!) digitized editions of Struve’s Bibliotheca iuris selecta, Jena 1703, 1710, 1714, 1720, 1725, 1743 and finally the 1756 edition. The Jena 1725 edition has also been digitized now at Dresden.

A new portal

The legal historians from Ghent publish every month Rechtshistorisch Nieuws, a digital newsletter (in Dutch) on legal history. You can subscribe to their e-mail service to receive this bulletin, which is published also at www.rechtsgeschiedenis.be, the site of the department for legal history at Ghent University. Every month you can find in this bulletin announcements of new books, events and lectures. The final item is often a short notice on a new website. In the latest issue of Rechtshistorisch Nieuws Fontes Historiae Iuris, a new portal site from Lille is presented briefly.  The aim of this new portal is to give you direct access to digitized old legal books and several kind of sources within a predefined framework: legislation, doctrine, custom law, jurisprudence (in particular collections of sentences), legal encyclopedias and dictionaries, and to provide guides to them. At this moment you will find for example guides to the collections of arrêts of the parlements, the high courts during the French Ancien Régime. Renaud Limelette offers a guide (in French) to the archives of the Parlement de Flandre in the period 1667-1790. These archives are mainly kept at the Archives Départementales du Nord at Lille. The ADN is famous for the diversity of the sources preserved, which are important not only for French history, but also for the legal history of Belgium and the Netherlands. However, presenting digitized books with relevance for legal historians, in an easy accessible way, is the main aim of Fontes Historiae Iuris. At this moment you will find mainly French works and translations into French from the eighteenth and nineteenth century. The équipe at Lille tries to create a bilingual portal: let’s hope they succeed on that road, too!